Sint Maarten’s lush green hills are a vital part of the island’s natural beauty. They contribute to the island’s unique landscape, support tourism, and protect against soil erosion and flooding. However, unregulated construction and removal of hillside vegetation have threatened these hills, leading to environmental degradation and increased risks to infrastructure and safety. To address these challenges, the Hillside Policy was introduced in 1998 to regulate development in elevated areas and ensure sustainable growth. Overseen by the Ministry of Public Housing, Spatial Planning, Environment, and Infrastructure (VROMI), the policy aims to prevent excessive development while preserving the hills' natural beauty and stability. By controlling construction activities in the hillsides, soil erosion and flash floods in lower-lying areas can be reduced and prevented, and the island’s scenic value can be maintained. Protecting the hillsides also benefits the economy, particularly the tourism sector, which thrives on Sint Maarten’s natural charm.
Where and how is the policy applied?
The policy regulates all construction activities in areas between 50 and 200 meters in elevation. It enforces strict building guidelines to minimize environmental impact and ensure responsible development. The legal foundation of the policy is found in Article 22 of the Building and Housing Ordinance, which allows the Minister to deny building permits if a proposed project is considered a nuisance and hindrance to its surroundings. High-density construction in hillside areas is deemed unfavorable, and all building plans must meet specific criteria to gain approval.
What are the regulations?
Development regulations are determined by factors such as elevation, slope, and ecological value. As land steepness increases, building density and building height is reduced. The policy distinguishes between two main categories:
· Medium-density Residential development is permitted between 50 and 100 meters elevation.
· Low-density Residential development is allowed between 100 and 200 meters elevation.
For areas above 200 meters or on slopes steeper than 40 degrees, construction is prohibited. Building is also restricted within 50 meters below a prominent hilltop or ridge to protect the island’s distinctive skyline and prevent excessive soil disruption. Below table includes the detailed regulations of the Hillside Policy:
Additional considerations for permit approval
When assessing building permits in hillside areas, the Ministry considers factors such as drainage and vegetation preservation. Proper drainage management is crucial to prevent hillside erosion and flooding in lower-lying areas. Additionally, preserving natural vegetation, particularly in steeper regions, helps stabilize the soil and maintain ecological balance. Special attention is given to protecting large trees, which play a key role in hillside conservation.
Additionally, before construction can begin in hillside areas, a civil works permit is required for activities such as:
1. excavating, raising, levelling or explosion of soil;
2. the construction of roads and other terrain pavements;
3. works and activities that alter water management and the groundwater level;
4. the felling of trees or the clear-cutting of vegetation;
This additional permit ensures that land modifications align with the policy’s conservation objectives.
Enforcement and compliance
All developers and landowners planning to build in hillside areas must adhere to the Hillside Policy. Before purchasing or subdividing land, it is essential to confirm compliance with the policy. Failure to do so can result in permit denials, construction halts, fines, legal action, or even demolition of unauthorized developments.
Exemptions and special cases
Some land parcels issued before 1998 do not meet the policy’s requirements. In such cases, exemptions may be granted if reasonable arguments justify a deviation. However, these cases are carefully reviewed to ensure that environmental, landscape, and spatial planning considerations remain a priority. Exemptions are assessed on a case by case basis, however, the building prohibition for areas above 200 meters and on slopes greater than 40 degrees remains non-negotiable.
Preserving Sint Maarten’s future
The Hillside Policy is essential to protecting Sint Maarten’s natural heritage and ensuring long-term sustainability. By adhering to its regulations, residents and developers can help preserve the island’s green hills for future generations. The policy can be downloaded from the Government’s website (https://www.sintmaartengov.org/Pages/default.aspx) under Residents > Policies and Reports > Policies > Public Housing, Spatial Planning, Environment, and Infrastructure.
Safeguarding our hills today means securing the beauty, safety, and economic stability of Sint Maarten for years to come.
https://www.sintmaartengov.org/news/Pages/Preserving-Sint-Maartens-green-hills-with-the-Hillside-Policy.aspx
